Jovanovic v The Queen

Case [2015] ACTCA 29


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Jovanovic v The Queen

Citation:

[2015] ACTCA 29

Hearing Date:

11 May 2015

DecisionDate:

19 June 2015

Before:

Murrell CJ, Burns and Wigney JJ

Decision:

Leave to appeal against conviction granted. Appeal against conviction and sentence dismissed.

Category:

Principal Judgment

Catchwords:

APPEAL – Leave to appeal – criminal law – appeal against conviction – conviction unsafe and unsatisfactory – further evidence – appeal against sentence – sentence manifestly excessive – intentionally inflicting grievous bodily harm

Legislation Cited:

Court Procedures Act 2004 (ACT)

Crimes Act 1900 (ACT) s 19
Crimes (Sentencing) Act 2005 (ACT) s 35
Supreme Court Act 1933 (ACT) ss 37E(2), 37N(3), 37O(2)
Court Procedure Rules 2006 (ACT) rr 5400, 5405, 5000, 5500

Federal Court of Australia Act 1976 (Cth) s 27(1)

Cases Cited:

August v Commissioner of Taxation [2013] FCAFC 85

Balthazar v The Queen [2012] ACTCA 26
Ceissman v The Queen [2015] NSWCCA 74
Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd (2003) 216 CLR 161
DPP v Nguyen (2009) 23 VR 66
GZ v The Queen [2015] ACTCA 11
Hillier v The Queen (2008) 1 ACTLR 235
Hinton v The Queen (2000) 115 A Crim R 74
House v The King (1936) 55 CLR 499
lslam v The Queen [2013] ACTCA 10
M v The Queen (1994) 181 CLR 487
Mansaray v The Queen [2015] NSWCCA 40
Matia v The Queen; The Queen v Matia [2015] NSWCCA 79
Maxwell v The Queen (1996) 184 CLR 501
Miller v The Queen [2015] NSWCCA 86
MLP v The Queen [2014] NSWCCA 183
Munro v The Queen [2014] ACTCA 11
R v Abbott (2007) 170 A Crim R 306
R v Celep [1998] 4 VR 811
R v Jovanovic [2014] ACTSC 157
R v Meyboom [2012] ACTCA 2
R v WBA [2015] QCA 21

The State of Western Australia v Smith [2015] WASCA 87

Parties:

Miroslav Jovanovic (Appellant)

The Queen (Respondent)

Representation:

Counsel

Self-represented (Appellant)

Mr J White SC (Respondent)

Solicitors

Self-represented (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 22 of 2014

Decision under appeal: 

Court:  Supreme Court of the ACT

Before:  Refshauge J

Date of Decision:         28 February 2014

Case Title:  R v Jovanovic

Court File Number:       SCC 90 of 2013

Decision under appeal: 

Court:  Supreme Court of the ACT

Before:  Refshauge J

Date of Decision:         12 May 2014

Case Title:  R v Jovanovic

Citation: [2014] ACTSC 157

THE COURT:

The Appeal

  1. On 28 February 2014, a jury found the appellant guilty of the offence that on 7 April 2013 he intentionally inflicted grievous bodily harm on the complainant, contrary to s 19 of the Crimes Act 1900 (ACT) (Crimes Act).

  1. The maximum available penalty for such an offence is 20 years’ imprisonment.

  1. On 12 May 2014, the primary judge sentenced the appellant to 10 years and nine months’ imprisonment from 7 April 2013 to 6 January 2024, with a non-parole period of five years and six…

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AGLC
Jovanovic v The Queen [2015] ACTCA 29
Case
[2015] ACTCA 29
Decision Date

CaseChat Overview and Summary

The appeal concerned a conviction for intentionally inflicting grievous bodily harm. The appellant, Jovanovic, sought leave to appeal against both his conviction and sentence. The appeal was heard by Murrell CJ, Burns and Wigney JJ.

The primary legal issues before the Court were whether the conviction was unsafe and unsatisfactory, particularly in light of further evidence, and whether the sentence imposed was manifestly excessive.

The Court granted leave to appeal against the conviction. However, after considering the arguments and the evidence, the Court ultimately dismissed the appeal against both the conviction and the sentence. The Court found that the conviction was not unsafe or unsatisfactory, and that the sentence imposed was not manifestly excessive.

Orders

Orders of the court

Leave to appeal against conviction granted. Appeal against conviction and sentence dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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